How can a child marriage be anything but forced?

Sources

• ✓ 4:19 · An-Nisaa

  4:19 · Muhammad Marmaduke Pickthall

  يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا يَحِلُّ لَكُمْ أَن تَرِثُوا۟ ٱلنِّسَآءَ كَرْهًۭا ۖ وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا۟ بِبَعْضِ مَآ ءَاتَيْتُمُوهُنَّ إِلَّآ أَن يَأْتِينَ بِفَٰحِشَةٍۢ مُّبَيِّنَةٍۢ ۚ وَعَاشِرُوهُنَّ بِٱلْمَعْرُوفِ ۚ فَإِن كَرِهْتُمُوهُنَّ فَعَسَىٰٓ أَن تَكْرَهُوا۟ شَيْـًۭٔا وَيَجْعَلَ ٱللَّهُ فِيهِ خَيْرًۭا كَثِيرًۭا

  O ye who believe! It is not lawful for you forcibly to inherit the women (of your deceased kinsmen), nor (that) ye should put constraint upon them that ye may take away a part of that which ye have given them, unless they be guilty of flagrant lewdness. But consort with them in kindness, for if ye hate them it may happen that ye hate a thing wherein Allah hath placed much good.

• ✓ Majma al-Bayan fi Tafsir al-Qur'an on 4:19

  Shia

  Majma al-Bayan fi Tafsir al-Qur'an · 4:19

  Recitation Variants: Hamza and Al-Kisai read "كَرِهًا" with a damma (u vowel) on the kaf, applying to this verse and also to Surah At-Tawbah and Al-Ahqaf. They are supported by Asim, Ibn 'Amir, and Ya'qub in Al-Ahqaf. The majority of other readers read it with a fatha (a vowel) on the kaf in all these cases. For the phrase "بفاحشة مبينة," Ibn Kathir and Abu Bakr read with a fatha on the ya, while the other reciters read it with a kasra. Rare readings were also reported from Ibn Abbas, who pronounced "مبينة" with a kasra, sounding lighter. Grammatical Argument (Al-Hujjah): The words "الكره" and "الكره" (same spelling but different meanings) illustrate two separate linguistic usages, similarly to cases like "الضعف" (weakness) and "الضعف" (weak). Sibawayh commented on verbs built on the root ب ي ن (to clarify), noting the various derived verb forms that express making something clear or evident. This is supported by poetic examples from classical Arabic, showing the root's usage in contexts of clarity and revelation. Linguistic Notes (Al-Lughah): "Al-'Adl" (العضل) refers to constraining by preventing marriage. Its origin implies prohibition or refusal. For example, a hen being "عَضَلَت" her egg means it was difficult to hatch. The term "الفاحشة" is a verbal noun (masdar) similar to "العاقبة" and "العافية." Abu Ubaidah explained "الفاحشة" as reprehensible acts and "الفحش" as ugliness. "Al-Mu'ashara" (المعاشرة) means companionship or living together and is derived from the root 'to live together.' Grammatical Parsing (Al-I'rab): The phrase "أن ترثوا النساء" functions as the subject (fa'il) of "يحل," and "كرها" is a verbal noun acting as an adverbial circumstantial qualifier (hal) relating to "النساء." The verb "ترثوا" governs the state. The negative imperative "ولا تعضلوهن" may be accusative as well, understood as conjunctive or parallel to "ترثوا" meaning "You must neither inherit women nor prevent them." It can also be read as jussive, expressing prohibition. Occasion of Revelation (Al-Nuzul): It was reported that after Abu Qais ibn Al-Aslat died, his son Muhsin ibn Abu Qais unjustly inherited his father's wife Kabishah bint Mu'in, left her without approaching, spending on, or supporting her. She came to the Prophet Muhammad requesting justice, leading to this verse's revelation, according to Muqatil and as narrated from Imam Abu Ja'far (peace be upon him). Other reports mention the pre-Islamic practice wherein a man’s heir, often his son from another wife or a guardian, would inherit the widow just as property, sometimes throwing a cloth on her to symbolize marital transfer; the widow then had the option to marry with her first dower or be married off, with the dower taken by the heir. These practices were being prohibited. Different narrators relate the verses to cases of a man keeping a wife without need, delaying consummation or maintenance while awaiting her death to inherit her, representing unjust restraint. The Meaning (Al-Ma'na): After prohibiting the pre-Islamic customs regarding orphans and wealth, Allah proceeded to forbid the old practice concerning women. The address, "O you who believe," indicates a command applicable to the faithful: "It is not lawful for you that you inherit women against their will." That is, you cannot force women into marriage by inheritance, detesting them or forcing them to submit. Others interpret this as forbidding wrongful imprisonment of women with the aim of seizing some part of their dowry or bridal gift. Also forbidden is oppressing them or preventing their marriage without just cause. The phrase "nor hinder them" indicates prohibition against preventing their remarriage, in contrast to the old custom where heirs prevented widows from marrying to extract dowries or control them. Scholars differ on the precise meaning of "lest you take away some of what you have given them." Some understand it as ordering husbands to release their wives if there is no necessity and not detain them unjustly until they pay a ransom. Others believe it prohibits heirs from obstructing remarriage, as was done in pre-Islamic times. A third view is that the verse means divorced women are not to be prevented from marrying others unless with her consent, correcting the custom in Quraysh whereby a divorced woman could not remarry without permission. A fourth says it addresses the guardian or custodian to avoid restricting the woman’s freedom to remarry. Among these, the first opinion is strongest. Regarding the exception "except if they commit a clear immorality" ("فاحشة مبينة"), opinions differ. Some interpret "immorality" as adultery or fornication. Others consider it as disobedience (nushuz). The preferred reading encompasses all sinfulness, following what was narrated from Abu Ja'far and favored by al-Tabari. Disagreement exists on what the phrase "except if they commit" applies. Some say it refers to the taking of the bride-price or money, at a time before the prescriptions were fully established. Others interpret it as relating to the forbidding or detaining mentioned previously. Abu Ali al-Jubaiyi considered this ruling abrogated, but Abu Muslim did not accept that view. The command "And live with them in kindness" means to cohabit with women reasonably and fairly, fulfilling their rights including equitable division, maintenance, and general good behavior. "Kindness" may mean not harming or speaking harshly and maintaining a pleasant demeanor. Another opinion is that spouses should treat each other in a mutually courteous and considerate manner. The clause "If you dislike them, perhaps you dislike something and Allah produces through it much good" implies that even if a husband finds his wife unpleasant or dislikes their companionship, he should not hastily divorce her, for Allah may bring forth blessings and good outcomes, such as children or increasing mutual kindness, from that disliked state. Ibn Abbas and Mujahid hold this understanding. Thus, the meaning encourages patience in marital relation when true harm is not feared. Alternative interpretations suggest the pronoun "it" refers back to the thing disliked, or that Allah may make good come from parting, although the latter is considered less probable, as Allah advises maintaining companionship rather than separation. Continuing to the next verse (4:20), it addresses the case where a man desires to replace one wife with another and has given one a large sum (a qintar) as dower; he is forbidden to take back anything from that dower unjustly, for this would be sinful and flagrant wrongdoing.

• ✓ Sunan al-Tirmidhi 11:30

  Sunni Hasan Sahih (per Al-Albani)

  Sunan al-Tirmidhi · Book 11, Hadith 30 · Narrated by Abu Huraira

  The Messenger of Allah said, "The orphan girl must be asked for her permission regarding herself; if she remains silent, that is her consent, but if she refuses, then no marriage is allowed upon her if she has reached maturity."